Indonesian Women as Divorce Litigants to Obtain Their Rights: Evaluating the Concerns, History and Methods of Family Law and Religious Law

SARASWATI, RIKA (2016) Indonesian Women as Divorce Litigants to Obtain Their Rights: Evaluating the Concerns, History and Methods of Family Law and Religious Law. In: at the Ninth Melbourne Doctoral Forum on Legal Theory, Melbourne Law School, 23-24 November 2016, Melbourne Law School, Australia. (Unpublished)

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Abstract

This article discusses on the experiences of a number of Indonesian women who initiated divorce from their husbands because of domestic violence issues (empirical research) and the legislation in dealing with (documentary research). The issue of marriage and divorce in Indonesia is regulated by the Marriage Act 1974 and its implementing regulations. The legislation bears witness to history, the concerns of the Indonesian feminist movement and its desire to improve the legal aspects of the position of Indonesian women within a marriage. The Act states that a wife and a husband are equal before the law. However, law ‘in action’ has resulted in negative experiences for those women who initiate divorce – their rights as female divorcees are less than those of their male counterparts. This is due to male domination which not only inhabits the home, family and economic life but is upheld by the state in both secular law and, by recognition, religious law pertaining to the family, particularly as regards separation, divorce, maintenance and custody. By evaluating and comparing the various concerns expressed and feminist histories involved, and the substance and methods of the family law and religious law, it becomes clear that the current legislation is not suited to the communities’ current level of development and Indonesian families’ circumstances and experiences. For four decades the legislation on this matter has never been amended or changed.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	300 Social Sciences > 340 Law
Divisions:	Faculty of Law and Communication > Department of Law
Depositing User:	ms Rika Saraswati
Date Deposited:	05 Jan 2021 06:35
Last Modified:	20 Sep 2022 16:39
URI:	http://repository.unika.ac.id/id/eprint/23257

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